(Ireland.) A BILL ΤΟ Provide for holding the Assizes of certain Counties of Cities and Towns in Ireland in the Assize Towns of the adjoining Counties at large, in certain Cases; and to make Provision as to Gaols in case of the Change of Assize Towns. [Note.-The Words printed in Italics are proposed to be inserted in the Committee.] W s. 100. HEREAS an Act was passed in the Seventh Year of the Preamble. Reign of His late Majesty King George the Fourth, intituled "An Act for consolidating and amending the 7 G. 4. c. 74. Laws relating to Prisons in Ireland," and it was thereby amongst 5 other things provided, that in certain Cases therein mentioned the Lord Lieutenant or other Chief Governor or Governors of Ireland should be empowered to direct that all Prisoners within a County of a City or County of a Town in Ireland should be committed to and kept in Custody in the Gaol of the County at large, such Gaol being 10 situate in such County of a City or County of a Town: And whereas under the Provisions of an Act of the Fifth and Sixth Years of His late Majesty King William the Fourth, intituled "An Act for the 5 & 6 W. 4. Appointment of convenient Places for the holding of Assizes in Ire- c. 26. land," the Lord Lieutenant or other Chief Governor or Governors and 620. A the The Lord Ireland may direct the the Privy Council of Ireland are empowered, from Time to Time, upon Presentation of a Memorial from a Majority of the Grand Jury of the Assizes of a County in Ireland for such Purpose, to direct at what Place or Places in any County in Ireland the Assizes and Sessions under the Commissions of Gaol Delivery and other Com- 5 missions for the Despatch of Civil and Criminal Business shall be holden: And whereas it is expedient that the said Lord Lieutenant and Privy Council should be empowered in certain Cases, upon the Application of the Grand Jury of a County of a City or County of a Town, to direct that the Assizes for such County of a City or County 10 of a Town should be held in the Assize Town of the adjoining County at large, and that all Prisoners within such County of a City or County of a Town should be committed to and kept in Custody in the Gaol of the said County at large, though such Gaol be not situate within such County of a City or County of a Town: Be it therefore 15 enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, by and with the Advice of 20 the Privy Council of Ireland, on the Application of the Majority of the Grand Jury at any Assizes of any County of a City or County of a Town, to direct and order that the Assizes and Sessions under the Commissions of Gaol Delivery and other Commissions for the Despatch of Civil and Criminal Business for any such County 25 of a City or County of a Town in Ireland, or that any Special Commission or Commissions of Oyer and Terminer and Gaol Delivery for such County of a City or County of a Town, shall be holden at the Assize Town for the Time being of the County and the Pri at large adjoining such County of a City or County of a Town, 30 or to direct and order that all or any Prisoners within such County of a City or County of a Town shall be committed or transmitted to or kept in Custody in the County Gaol, or any Gaol, Bridewell, or House of Correction of such adjoining County at large; and in such Case every such Prisoner so in Custody shall to all 35 Intents and Purposes be deemed to be in the proper legal Custody during the Time he or she shall be kept in or be in course of Transmission or Removal to or from such Place of Confinement, as fully and effectually as if he or she were in Custody within such County of a City or County of a Town; and in case of such last-mentioned 40 Order or Direction, the Maintenance of such Prisoners, and a due Proportion of the Expenses of such Gaol, Bridewell, or House of Correction of such County at large, shall be provided for by Presentments to be made by the Grand Jury at the Assizes of such County of a City or County of a Town to which such Prisoners 45 Assizes of a the Assize large in certain Cases, soners to be sent. shall shall belong (and which Presentments such Grand Jury are hereby required to make), in lieu of all other Presentments in respect of the Gaol of such County of a City or County of a Town; and the Sums presented for the Maintenance of such Prisoners, and such 5 Proportion of Gaol Expenses, shall be paid by the Treasurer of such County of a City or County of a Town to the Treasurer of such County at large. tenant and II. And be it enacted, That in case the Lord Lieutenant or other Power to Chief Governor or Governors of Ireland, by and with the Advice of Lord Lieu10 the Privy Council of Ireland, shall think fit as aforesaid to order and Council to direct that the Assizes and Sessions under the Commissions of Gaol make Regulations for Delivery, and other Commissions for the Despatch of Civil and the Purposes Criminal Business, or any Special Commission or Commissions of of this Act. Oyer and Terminer and Gaol Delivery, for any such County of a 15 City or County of a Town, shall be holden at the Assize Town of the adjoining County at large, such Assizes and Sessions or such Special Commissions shall to all Intents and Purposes be deemed to be the Assizes or Sessions or Special Commission or Commissions for such County of a City or County of a Town, as fully and effectually as 20 if the same were held within such County of a City or County of a Town; and all Grand Jurors, Special and Common Jurors, Witnesses, Prosecutors, Officers, and Persons whatsoever, whose Duty it shall be to attend at the Assizes or such Sessions or Special Commissions of the said County of a City or County of a Town, shall attend at, 25 and all Matters and Things to be transacted and done at or relating to such Assizes, Sessions, or Special Commissions shall be transacted and done at or relating to, such Place as aforesaid in such adjoining County at large, as fully and effectually as if the same were within such County of a City or County of a Town; and it shall be 30 lawful for the Lord Lieutenant or other Chief Governor or Governors, by and with the Advice aforesaid, to make Rules and Regulations touching the Use of any Court House, House of Correction, Prison, or Common Gaol of such County at large for the Purposes of this Act, and touching the Alterations of any Writs, Precepts, Documents, 35 or other Proceedings whatsoever for carrying into effect the Purposes of this Act, and touching any other Matters that may be requisite for carrying into effect the Purposes of this Act; and all such Rules and Regulations shall be of the like Force and Effect as if the same had been made by the Authority of Parliament, and shall be notified 40 in the Dublin Gazette, or in such other Manner as the Lord Lieutenant or other Chief Governor or Governors of Ireland, by and with the Advice of the Privy Council of Ireland, shall think fit to direct. 620. A 2 III. Pro Place for sizes not to be so changed, unby Majority less desired III. Provided always, and be it enacted, That it shall not be lawful holding As for the Lord Lieutenant or other Chief Governor or Governors of Ireland, and the Privy Council there, to make any Order for changing the Place for holding the Assizes or Sessions under the Commissions of Gaol Delivery or other Commissions for the Despatch of Civil and Criminal Business of any County of a City or County of a Town for the Purposes of this Act, unless a Memorial shall have been presented to him or them by a Majority of the Grand Jury of the Assizes of such County of a City or County of a Town, praying that such Change may be made. of Grand Jury. Where Place of holding Assizes of is changed, Lord Lieutenant and 5 10 IV. And be it enacted, That in all Cases in which the Place of holding Assizes and Sessions under the Commissions of Gaol Delivery Counties, &c. and other Commissions for the Despatch of Civil and Criminal Business for any County, County of a City, or County of a Town has been or shall be changed under the Provisions of the said recited 15 Council may Act of the Fifth and Sixth Years of King William the Fourth or of appoint County Gaol. this Act, it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, by and with the Advice of the Privy Council of Ireland, to order that such Prison or Gaol as he or they shall think fit shall be the Common Gaol of the County, County 20 of a City, or County of a Town, in relation to which such Change shall have been made, and to order the Removal or Custody of Prisoners thereto or therein accordingly; and in such Cases such Presentments shall and may be made by the respective Grand Jury at the Assizes from Time to Time in respect of the Expenses of any 25 such Gaol and the Prisoners therein, and in like Manner as may be or ought by Law to be made by such Grand Jury in respect of the Common Gaol of such County, County of a City, or County of a Town, as the Case may be. Grand Juries may present Compensa required in of such Change. any V. And whereas by reason of the Change of the Place of holding 30 such Assizes, Sessions, and Commissions as aforesaid certain of tion to Offi- the Officers of the Gaols or Prisons of any such Counties, Counties cers of Gaols of Cities, or Counties of Towns as to which any such Change shall no longer have been made may become unnecessary; and it is expedient that consequence the respective Grand Juries should be empowered to grant an annual 35 Allowance or Compensation to any such Officers who may by reason of such Change be discharged from their Offices: Be it enacted, That whenever the Place of holding any such Assizes, Sessions, and Commissions as aforesaid for any County, County of a City, or 40 County of a Town shall have been changed as aforesaid, and by reason of such Change any Officers of any Gaol or Prison of such County, County of a City, or County of a Town, or of any Gaol or Prison used for the Purposes of the same, or any of them, shall become become unnecessary, and shall be discharged from their respective Offices, it shall be lawful for the Grand Jury of such County, County of a City, or County of a Town, if they shall think fit, at each Assizes to present One Moiety of such respective annual Sum 5 as the Grand Jury shall deem fit to be paid as an Allowance or Compensation to every such Officer so discharged for the Cause aforesaid, during his Life respectively; which respective Sums shall be from Time to Time raised, levied, and paid as other Sums raised and levied under Presentments of the Grand Jury at the same 10 Assizes: Provided always, that no such annual Allowance or Sum shall in any Case exceed Two Thirds of the annual Salary to which such Person shall have been entitled at the Time of his Discharge as aforesaid: Provided also, that if any such Officer as aforesaid shall be nominated and appointed to any Office or Employment in or 15 relating to any of the Gaols of the same County, County of a City, or County of a Town, the Salary and Emoluments of which Office or Employment shall be equal to or shall exceed the Amount of Salary and Emoluments which such Officer before received, then and in such Case the Compensation so hereby provided for every Person so 20 appointed and employed shall cease and determine from the Day of such Nomination and Appointment: Provided also, that if any Person so to be nominated and appointed as aforesaid shall decline or refuse to accept such Office or Employment, his or her Compensation under this Act shall utterly cease and determine. 25 VI. And be it enacted, That this Act may be amended or repealed Act may be by any Act to be passed in this present Session of Parliament. amended, &c. this Session. |